PRINTER'S NO. 881
No. 798 Session of 1991
INTRODUCED BY HARPER, RICHARDSON, LINTON, JOSEPHS, STEELMAN,
COHEN, McCALL, TRELLO, CAWLEY, DALEY, CORRIGAN, PISTELLA,
VROON, R. C. WRIGHT, MICHLOVIC AND BILLOW, MARCH 18, 1991
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 18, 1991
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, prohibiting the storage of firearms
3 within easy access of children; and providing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 6302.1. Access to firearms by minors.
9 (a) Storage requirements.--
10 (1) A person who stores or leaves, on premises under his
11 control, a loaded firearm, and who knows or reasonably should
12 know that a minor is likely to gain access to the firearm
13 without the lawful permission of the minor's parent or the
14 person having charge of the minor or without the supervision
15 required by law, shall keep the firearm in a securely locked
16 box or container or in a location which a reasonable person
17 would believe to be secure or shall secure it with a trigger
18 lock, except when he is carrying the firearm on his body or
1 within such close proximity thereto that he can retrieve and
2 use it as easily and quickly as if he carried it on his body.
3 (2) A violation of this subsection constitutes a
4 misdemeanor of the second degree.
5 (3) This subsection does not apply if the minor obtains
6 the firearm as a result of an unlawful entry by any person.
7 (b) Access resulting in injury or death.--
8 (1) A violation of subsection (a) resulting in the use
9 of a firearm by a minor and resulting in the injury or death
10 of any person constitutes a felony of the third degree.
11 (2) This subsection shall not apply in any of the
12 following circumstances:
13 (i) The firearm was stored or left in a securely
14 locked box or container or in a location which a
15 reasonable person would have believed to be secure, or
16 was securely locked with a trigger lock.
17 (ii) The minor obtains the firearm as a result of an
18 unlawful entry by any person.
19 (iii) The injuries resulted from target or sport
20 shooting accidents or hunting accidents.
21 (iv) The minor's possession of a firearm was
22 incidental to the performance of official duties of the
23 United States Armed Forces, the National Guard or the
24 personnel of any Federal, State or local law enforcement
25 agency.
26 (c) Notice by retailer.--
27 (1) Any person who offers for sale at retail any firearm
28 shall post in a conspicuous place the following notice:
29 It is unlawful to store or leave a firearm in any place
30 within the reach or easy access of a minor.
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1 (2) A violation of this subsection constitutes a summary
2 offense.
3 Section 2. This act shall take effect in 60 days.
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